Can a Board meet to discuss removing the property management company

Started by LoriH3 • 5 replies • 2222 views

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LoriH3 (California)
Posts: 20

Posted:

can the board as a whole meet to discuss removing the property management company or do they have to do that in Regular Session. Our property management company is our minutes taker so we want to have a meeting where she is not present. Would this be considered Executive Session? Would there need to be minutes? and where would we keep those minutes?

RogerB (Colorado)
Posts: 5,067

Posted:

Lori, The property manager is an invited guest. The Board does not have to invite them to attend a Board meeting but someone would need to take minutes. Or the Board can go into executive session without the manager and make their decision. The motion and vote can then take place when the regular Board meeting resumes and be placed in the minutes.

LoriH3 (California)
Posts: 20

Posted:

thank you for your response. I am going from being green to being informed.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Lori,

Before moving with the removal, read the fine print of your property management contract. The board could've agreed to a buy-out fee or a "first right" of the property manager to correct any problems that have sparked the board action to terminate their contract.

Sometimes, quietly letting the contract expire is the cheapest option while earning time to screen new property managers. After all, your HOA is engaged in the community so you can outlast any property management contract provided your not under a multi-year deal (hence, review your contract if you have one in effect).

Also, if your management firm is large enough, could you request a new direct property manager. Could be cheaper and all property managers are not created equal.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Good advice also Kelly and don't forget not to make the same mistake again and accept a long term contract.

While you are looking at contract be sure to look closely at the performance requirements of this present management, is they exist. But there should be something in there that requires the management company to perform specific tasks. Make sure you require them to do this. Make sure the Board is living up to their side of the contract then hold the management company's feet to the fire about their part.

If I read this post correctly the OP is not the one that is going to be able to effect a change at this time. She needs to establish some validation that this company is not living up to it's contract.

The contract between association and the management company should be available for coping or review by any owner upon request.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Bingo, Robert!

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